Any success filing K-1 Independently?

[keribee 0]

Hi

- I'm new to this forum but like the rest of you are struggling with K-1 (I-129f) application!! My fiance (who is American) and I (English) filed independenly in January of this year, but due to 2 internal administration errors at the Service Centre our case was untouched until late March.

I have been in the US on a B2 visa since Dec 06, but have to leave by July 1st. We, perhaps naively, believed we filed in good time (6 months!) but are not unsure if we will be able to go ahead with our planned Sept 22nd wedding. As I have used up my 'time slot' for 2007 on my B2 visa I will not be able to return to the US until I get the K1 visa from the consulate in London.

I was wondering if any of you had had any sucess filing without using an attorney/immigration lawyer!? I am now considering seeking legal help to push our case forward - it would be great to get some information or tips from anyone who has used a lawyer to help their case - Any information would be greatfully apreciated!!

Thanks in Advance

[bora bora 1]

Independently all the way - and will do the same for AOS.

You'll get so much valuable information/tips/suggestions/advice from this forum alone.

It's not a difficult process either unless you have special circumstances (ie. criminal records, overstays, etc.)

[Otto 83]

I think most people here filed without the use of an attorney. Keep in mind, an attorney can advise you if there are any legal issues in your case, they can assist you in completing forms and guide you in the process, but they don't have an inside track (or fast lane) to push your case forward any faster than if you did everything yourself.

[pulteseller 0]

I can't offer advise without knowing more about your timeline. You say you filed in January, and were not touched until March. Does that mean you got NOA1 in late March, or an RFE, or what? If you got NOA1 in January and then there were the 'internal errors', that may not mean your case will be delayed. Of course, I don't know the nature of the internal errors either. Please be a little more specific as to what notifications you've received and when. And, updating your timeline helps everyone.

[Mags 112]

My husband and I filed without the help of a lawyer. All in all our K-1 process, from NOA1 to visa in hand, took 6 months and a lawyer wouldn't have been able to speed that up at all.

[bora bora 1]

Our process also took 6 months and we never received an RFE or any other set back.

I've seen couples who HAVE hired lawyers and they've messed up - another reason why I'd say DON'T hire a lawyer. IMHO.

[keribee 0]

hi all

- thanks for the input, it's great to get some insight from people in this situation - hopeless to get anything useful from USCIS! we both wanted to file by ourselves as assumed the lawyers really just make a nice bundle of $$'s - it's just a concern to think we might have jeopordised our application by being a bit naive & realising how slow they can be with processing times...

the problem we had with our case was that they sent the receipt of our application to our physical adress, not the PO box our mail comes to (we stated clearly on the form and covering letter each address) they cashed our processing fee check, super busy over the winter season & as we were told it could take a while to hear anything we didn't think it strange nothing came in the mail for several weeks. Only after my fiance called did we discover the receipt had been returned to the centre and our case put on hold - we corrected the error - but the representative on the phone refused to discuss the case with me, only my fiance - was rude and could hardly understand a word my fiance said as her english wasn't obviously that great!

anyway we were then sent our 'receipt' but they had made another error and had put me down both as the alien fiancee and the attorney - we called again and corrected this error but were told our processing date started from then (March 12th) it's so frustrating as we filed late January, our check was cashed Feb 12th and nothing has happened to our case until March 12th!!!

I do not have any criminal records in the UK, and have not overstayed any of the times I have visited on my B2 Visa. We have been together for a year - I sent pictures/letters/emails in with our forms to proove our relationship is genuine & that we have spent months apart but kept things going etc I am just worried that the wheels will grind too slowly and I will be stuck in the UK waiting to hear something... maybe have to postpone our wedding etc.

I am also concerned as I read that most K1's are filed when the fiance/ee is not actually in the US - also can anyone give me any information on the medical exam, further paperwork/forms & interview that is to be held at the consulate of your country?

thanks again

[bora bora 1]

It would be helpful to check out the forum for other American/UK couples.

I know that every consulate is a bit different and you can learn a lot from other people who have already passed through that consulate.

[jlivings99 0]

My husband just completed his interview at the London Embassy. I-130 was filed on Sept. 1, 2006 and visa was delivered on April 21, 2007 so it took us almost 8 months. We are a K-3 not a K-1 but the process is fairly similar. Since every embassy has its own quirks look at the UK forum for lots of info about interviewing in London. I think it takes about 40 days to get your police report in the UK and it is good for 1 year. My husband got the form by going to the local police station ... don't know if you can get it mailed to you in the US. The medical is done in London and can be scheduled after you get your Packet 3. Packet 3 is usually mailed to a UK address so I don't know what happens if you are not in the UK. Unfortunately, you have no control over most of the process ... USCIS, the NVC and the Embassy have most of the control. However, one step you control is when you receive your Packet 3 you will have forms & a checklist to send back ... the sooner you send it back the sooner you are interviewed. Start preparing for the return of Packet 3 before you receive Packet 3 ... my husband returned it the same day he received it.

[keribee 0]

Wow - thanks jlivings99 I didn't even know about Packet 3!!! I can have mail sent to my parents house in Cornwall - if it takes 40 days I will try & contact my local police station for my Police Report.. I'm wondering if they be able to issue me one without me physically going into the Station?

What other documents do I need for Packet 3 - I would like to be as prepared as I can in advance (like your husband) Who is sending Packet 3 to me - USCIS?

I am still a little unsure the actual process of the K1 - I am assuming :

We send in I-129F - This is processed by USCIS

USCIS send out Packet 3 to my UK address (?)

I complete forms/include reports etc & send this back to USCIS or The US Consulate in London?

I then have to make a date/time for the interview at US Consulate in London

When do I have to take the medical exam - at the consulate or by an approved DR?

Any info much apreciated!!

[kitkat1 5]

the problem we had with our case was that they sent the receipt of our application to our physical adress, not the PO box our mail comes to (we stated clearly on the form and covering letter each address)

I know it's not helpful now, but I believe the I-129F petition clearly states that PO Boxes are NOT acceptable.

[rebeccajo 14]

http://www.visajourney.com/forums/index.ph...mp;page=k1guide

http://www.visajourney.com/forums/index.ph...amp;page=k1flow

http://www.visajourney.com/forums/index.ph...amp;page=k1tips

[Brooklyn23 0]

Wow - thanks jlivings99 I didn't even know about Packet 3!!! I can have mail sent to my parents house in Cornwall - if it takes 40 days I will try & contact my local police station for my Police Report.. I'm wondering if they be able to issue me one without me physically going into the Station?

What other documents do I need for Packet 3 - I would like to be as prepared as I can in advance (like your husband) Who is sending Packet 3 to me - USCIS?

I am still a little unsure the actual process of the K1 - I am assuming :

We send in I-129F - This is processed by USCIS

USCIS send out Packet 3 to my UK address (?)

I complete forms/include reports etc & send this back to USCIS or The US Consulate in London?

I then have to make a date/time for the interview at US Consulate in London

When do I have to take the medical exam - at the consulate or by an approved DR?

Any info much apreciated!!

Hi,

It will really help you to look at the Guides provided on this site, they are there to show you the process step by step from filing the petition through to Adjusting your status once in the US and beyond. Reading these will help make sure you are as prepped as possible but here are some quick answers to your questions:

USCIS are responsible for reviewing your initial petition and evidence, when approved (you receive NOA2) they send it on to the NVC (NAT VISA CENTRE)

The NVC generally keep your package/poetition and do whatever processing they do before sending it on to the UK embassy in London (you will receive a letter advising you when this is done)

Generally 2 / 3 weeks later the embassy will send you Packet 3 (a checklist that the embassy needs to know you have completed before they schedule your interview) and instructions for how to book your medical with Knightsbridge Doctors (you cannot get this done elsewhere, it will cost £170 and you must provide Med recors of having the immunisation records the embassy requires for the Visa or get them done). Once you have completed collecting all the required forms /birth and police certificates etc you send the checklist back to the embassy.

After 2/4 weeks the embassy will then send you an interview appointment time and date. You can change this only in case of an emergency I believe.

You show up to your interview with all your necessary documents and eveidenc eof an ongoing relationship

My advice is be as well informed as possible and use the guides and other people's timelines to build your knowledge.As far as I am aware, you are meant to be in the UK the majority of the time your visa is being processed and this helps in terms of where the embassy will mail pkt 3 etc.All times above are only based on what we went through, I'm not sure what your situation is or why you cannot visit the US as a British citizen on the VWP but hope this helps.

All best,

Lauren

[keribee 0]

Hi - lauren & rebeccajo; thank you SO much for your posts. I had been trying to find this information on the site but found it hard to find what i was looking for. it makes me feel much better to know what I am looking at and will need to deal with/be prepared for. again - THANK YOU SO MUCH!

[Hilarious Clinton 452]

We didn't use a lawyer and we didn't have an RFE.